Texas Scorecard By Erin Anderson March 28, 2020
Lawsuit says restrictions imposed by McKinney in response to COVID-19 outbreak are more severe than directives issued by Collin County, which supersede city orders.
A local resident is challenging restrictions imposed by his city under a local emergency declaration as an unconstitutional overreach that conflicts with existing county orders.
On Friday, McKinney realtor Derek Baker filed a lawsuit seeking to block portions of the “shelter in place†order issued Wednesday by McKinney Mayor George Fuller in response to the coronavirus COVID-19 outbreak.
Baker told Texas Scorecard he filed the suit to protect the liberty of those who can no longer work to provide for their families because of the mayor’s order.
Baker’s petition lists multiple provisions of the city’s order that impose more severe restrictions than an earlier order issued by the county. State law says “to the extent of a conflict between decisions of the county judge and the mayor, the decision of the county judge prevails.â€
The suit also argues McKinney’s order represents a regulatory taking of private property that violates the Texas Constitution.
Mayor Fuller ordered all businesses to “cease all activities at facilities located within McKinney,†except those the city defines as “essential.â€
On Tuesday, Collin County Judge Chris Hill issued a countywide order that defined all businesses as “essential†and encouraged them to stay open if they can do so safely.
More:
https://texasscorecard.com/local/north-texas-resident-challenges-citys-shelter-in-place-order-that-conflicts-with-county/
